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How to fight dismissal whilst on Probation

This Guide provides direction on fighting a probation dismissal in simple terms so that you are clear on your rights and know exactly what to do if you are dismissed whilst on probation or are facing dismissal on probation. It explains the relevant case law in simple language and maps out the steps to take with checklists, templates, strategies and tactics as well as extra resources to help you.


As an employee, you have many employment rights laid down by law and contract. The probation period is contractual and only important because you would usually not have been two years in employment and so would not have accrued the right to sue for unfair dismissal. This is what impacts on your rights, and not the fact that you are in a period of probation. If you are dismissed for an automatically unfair reason, or a discriminatory dismissal the probationary period will make no difference to an employment tribunal claim for unfair dismissal. You will still be able to sue in the Employment Tribunal. Find out how with this Guide.

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